Brandon Eugene Hunter v. Jackowitz, et al.

Summary

The document contains findings and recommendations in a prisoner civil rights action under 42 U.S.C. § 1983. The magistrate judge recommends denying the plaintiff’s Rule 60(b) motion for reconsideration of a judgment entered as a discovery sanction and denying defendants’ bill of costs. The recommendations rely on the plaintiff’s failure to establish grounds for relief, his limited financial resources, and the potential chilling effect of imposing costs in civil rights litigation.

Holdings

1. The motion for reconsideration should be construed as a Rule 60(b) motion because it was not filed within Rule 59(e)'s 28-day period, and relief should be denied because plaintiff did not establish mistake, surprise, newly discovered evidence, fraud, or another basis for setting aside the judgment.
2. The bill of costs should be denied despite the Rule 54(d)(1) presumption favoring an award of costs to the prevailing party.

Questions Presented

1. Whether plaintiff's untimely motion for reconsideration should be construed under Federal Rule of Civil Procedure 60(b) and granted based on his asserted mental-health circumstances, alleged conspiracies, or other grounds.
2. Whether defendants should be awarded $2,628.50 in deposition transcript costs under Federal Rule of Civil Procedure 54(d)(1).

Disposition

other